Bill Text: NH SB29 | 2011 | Regular Session | Chaptered
Bill Title: Relative to the definition of moped and relative to motorcycle endorsements.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2011-04-28 - Senate Signed by the Governor on 04/28/2011; Effective 04/28/2011; Chapter 0025 [SB29 Detail]
Download: New_Hampshire-2011-SB29-Chaptered.html
CHAPTER 25
SB 29 – FINAL VERSION
02/16/11 0183s
2011 SESSION
03/01
SENATE BILL 29
AN ACT relative to the definition of “moped” and relative to motorcycle endorsements.
SPONSORS: Sen. Rausch, Dist 19; Rep. Packard, Rock 3; Rep. Waterhouse, Rock 4
This bill eliminates the horsepower limitation in the definition of moped in the motor vehicle laws. This bill also creates a special 3-wheel motorcycle endorsement.
This bill was requested by the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/16/11 0183s
11-0934
03/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the definition of “moped” and relative to motorcycle endorsements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
25:1 Moped. Amend RSA 259:57 to read as follows:
259:57 Moped. “Moped” shall mean a motor-driven cycle whose speed attainable in one mile is 30 miles per hour or less [which is equipped with a motor that produces 2 brake horse power or less]; if an internal combustion engine is used, the piston displacement shall not exceed 50 cubic centimeters and the power-drive system shall not require the operator to shift gears.
25:2 Motorcycle License. Amend RSA 263:30, I to read as follows:
I. No person to whom a driver’s license of any class or category has been issued may drive any registered motorcycle unless he or she holds a special motorcycle license or endorsement, a 3-wheeled motorcycle endorsement, or a motorcycle learner’s permit. A person who holds a special motorcycle license or endorsement or a motorcycle learner’s permit may drive any registered 2-wheeled or 3-wheeled motorcycle without holding any other class of driver’s license. A person who holds a 3-wheeled motorcycle endorsement may drive any registered 3-wheeled motorcycle without holding any other class of driver’s license, but shall not drive any 2-wheeled motorcycle.
25:3 Motorcycle Examinations. Amend RSA 263:31 to read as follows:
263:31 Special Motorcycle Licenses; Waiver of Driving Examination. The department shall cause to be issued a special license for persons without a driver’s license or an endorsement on the driver’s license for persons who have a driver’s license, for all applicants who successfully complete the requirements for a motorcycle license. The department shall cause to be issued a 3-wheeled motorcycle endorsement on the driver’s license for persons who have a driver’s license, for all applicants who successfully complete the requirements for a 3-wheeled motorcycle endorsement. Applicants for such license or endorsement shall furnish proof of their fitness to drive a motorcycle as the director shall in his or her discretion determine. Such proof shall include the applicant’s passing a driver examination conducted on a motorcycle. The examination for a special motorcycle endorsement and the examination for a 3-wheeled motorcycle endorsement shall be separate and distinct examinations emphasizing the skills and maneuvers necessary to operate safely the specific type of motorcycle for which the endorsement is issued. The director may waive the requirement for such a driving examination upon receipt of adequate evidence of experience in driving a motorcycle by an applicant under such rules as the director may deem necessary, or proof that the applicant has successfully completed a state-approved motorcycle rider education course. No person may take the motorcycle driver examination more than twice; any person who fails to pass the examination twice shall be required to successfully complete the motorcycle rider education program under RSA 263:34-b. No person shall drive a motorcycle on a way of this state, unless such person is duly licensed to drive a motorcycle by a special motorcycle license or endorsement issued under this section, or holds a permit under RSA 263:32. No person shall knowingly authorize or allow the driving of a motorcycle owned by him or her or in his or her charge on a way of this state by any person who does not hold a special motorcycle license or endorsement or motorcycle learner’s permit.
25:4 Driver’s License Fees. Amend RSA 263:42, I to read as follows:
I. For each original driver’s license and examination or driver’s license renewal, other than for a commercial vehicle or motorcycle- $50; for each youth operator’s license and examination- $10 per year, not to exceed $50; for each license issued to a nonresident alien for less than 5 years- $10 per year or portion thereof; for each original commercial driver license and examination or commercial driver license renewal- $60; for each commercial driver license reexamination in a one-year period- $20; for each commercial vehicle endorsement, renewal of an endorsement, or removal of a restriction- $10; for each special motorcycle original license and examination or special motorcycle license renewal- $50; for each original motorcycle endorsement- $25; for each 3-wheeled motorcycle endorsement- $25; for each motorcycle endorsement and 3-wheeled motorcycle endorsement renewal- no charge. For each original driver’s license issued, $5 shall be credited to the driver training fund established by RSA 263:52. Except as provided in RSA 263:14 and RSA 263:39-a, III, every license shall expire on the licensee’s birthdate in the fifth year following the issuance of such license. No fee collected under this paragraph shall be refunded once an examination has been taken or a license issued, except as provided in RSA 263:43.
25:5 Effective Date. This act shall take effect upon its passage.
Approved: April 28, 2011
Effective Date: April 28, 2011
